Presidential Pardon and Prerogative of Mercy: A Necessary National Soothing Balm for Social Justice.

Abstract

A wrongful acquittal can sometimes involve injustice as grievous as wrongful conviction. The conviction as a matter of record, survives the pardon. Pardon expresses forgiveness not innocence. An innocent man cannot be pardoned but to apply for rescindment which is a total cancellation, not a pardon that leaves the record intact. Because the President as an Executive does not deal with law, he concerns himself with mistake of facts while the courts concern itself with mistake of law. There are usually wrongful convictions that are suitable for presidential pardon or prerogative of mercy. Some Presidents and Governors use this constitutional provision to add luster to their names or party patronage or to score political points. The danger of convicting the innocent calls for greater and greater care. This article examines the necessity of the prerogative of mercy as a means of correcting mistakes in the process of justice delivery and its use as a tool for calming political tides and uniting the nation. It is expected that this will kick start scholarly and legislative action for acceptable guidelines for the exercise of Presidential pardon and prerogative of mercy in the interest of our justice system.